Giambrone v. City of Aurora

Ford, Presiding Judge.

This appeal emanates from the Portage County Court of Common Pleas. Both the Board of Zoning Appeals (“board”), and the city of Aurora, Ohio, appellants and cross-appellees, and, David Giambrone, appellee and cross-appellant, timely appealed from the trial court’s order, which upheld the board’s denial of appellee’s variance request, but declared unconstitutional the Aurora City Ordinances (“Code”) as applied to appellee. The trial court thus ordered the board to grant appellee’s variance request.

On June 3, 1991, appellee petitioned the board for an area variance on a…